Citation : 2025 Latest Caselaw 9852 Ker
Judgement Date : 17 October, 2025
WP(C) NO. 38425 OF 2025 1
2025:KER:77841
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 17TH DAY OF OCTOBER 2025 / 25TH ASWINA, 1947
WP(C) NO. 38425 OF 2025
PETITIONER/S:
JOHN ROBIN T A
AGED 60 YEARS
S/O. ANTONY , THATTAKATH HOUSE, RAJAVEEDI ROAD MALA
, PALLIPPURAM, PIN - 680732
BY ADVS.
SHRI.K.J.MANU RAJ
SMT.DHANALAKSHMI V.K.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
2 REVENUE DIVISIONAL OFFICER,
MINI CIVIL STATION, IRINJALAKUDA, THRISSUR
DISTRICT, PIN - 680121
3 THE TAHSILDAR(LR),
CIVIL STATION, KODUNGALLLUR, THRISSUR DISTRICT, PIN
- 680664
4 THE VILLAGE OFFICER,
POYYA VILLAGE, POYYA P.O, THRISSUR DISTRICT, PIN -
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680733
5 AGRICULTURAL OFFICER,
KRISHI BHAVAN POYYA, POYYA .P.O, THRISSUR DISTRICT,
PIN - 680733
OTHER PRESENT:
SR GP SMT VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 38425 OF 2025 3
2025:KER:77841
P.V.KUNHIKRISHNAN, J
--------------------------------------
WP (C) No.38425 of 2025
--------------------------------------
Dated this the 17th day of October, 2025
JUDGMENT
The above writ petition is filed with following
prayers :
" i) issue a writ of mandamus or other appropriate writ, order or direction, directing the 2nd respondent to consider and pass orders on Exhibit P6 application after conducting a site inspection and verifying necessary documents adduced by the petitioner and affording an opportunity of being heard to the petitioner;
ii) Issue a writ of mandamus or other appropriate writ, order, or direction, directing the 3rd respondent to carry out necessary changes in the basic tax register and other revenue records to record the property of the petitioner lying in extent 8.9 Ares of the property lying in Survey No.36/PT 1 of Poyya Village in Kodungallur Taluk, Thrissur District. as dry land.
iii) Declare that the property of the petitioner lying in Survey No.36/PT 1 of Poyya Village in Kodungallur Taluk, Thrissur District is not a paddy land.
iv) issue such other appropriate writ, order or
2025:KER:77841
direction which this Hon'ble Court may deem fit in the circumstances of the case;
v) Dispense with the production of English translation of the vernacular Exhibits produced in the Writ Petition [ c ]" [sic]
2. When this writ petition came up for
consideration, the learned counsel for the petitioner
submitted that he will be satisfied if a direction is issued to
consider Ext.P6 application submitted in Form 6 under Kerala
Conservation of Paddy Land and Wetland Rules, 2008.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think that prayer
can be allowed.
Therefore, this writ petition is disposed of with the
following directions:
1) The 4th respondent is directed to submit necessary report
based on Ext.P6 as expeditiously as possible, at any rate,
within one month from the date of receipt of a certified
copy of this judgment.
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2) Once the report is received, the 2 nd
respondent/competent authority shall consider Ext.P6, (if
it is pending and if it is in order) as expeditiously as
possible, at any rate, within four months from the date of
receipt of the report from the 4th respondent.
3) The petitioner will produce a certified copy of this
judgment before the 2nd and 4th respondents for
compliance.
sd/-
P.V.KUNHIKRISHNAN JUDGE SKS Judgment reserved NA Date of Judgment 17/10/25 Judgment dictated 17/10/25 Draft judgment placed 18/10/25 Final judgment uploaded 21/10/25 2025:KER:77841 APPENDIX OF WP(C) 38425/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTERED DOCUMENTNO. 288/I/06 ON THE FILES OF MALA SUB REGISTRY DATED 14.11.2006 Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT ISSUED BY THE VILLAGE OFFICER DATED 29.4.2025 Exhibit P3 A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 7.10.2025 ISSUED BY THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF THE SKETCH ISSUED BY THE VILLAGE OFFICER IN SY NO. 36/PT-1 OF POYYA VILLAGE Exhibit P5 A TRUE COPY OF THE PHOTOGRAPH SHOWING THE ACTUAL LIE AND NATURE OF THE PETITIONER'S PROPERTY Exhibit P6 A TRUE COPY OF THE APPLICATION IN FORM 6 DATED 9.10.2025 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE RECEIPT ISSUED BY THE LAND REVENUE DEPARTMENT DATED 9.10.2025
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